BILL NUMBER: SB 621	CHAPTERED  09/29/99

	CHAPTER   582
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 8, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 6, 1999
	AMENDED IN SENATE   MAY 19, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 24, 1999

   An act to amend Section 4612 of, to amend, repeal, and add Section
4554.5 to, and to add Sections 4601.1, 4601.2, 4601.3, 4601.4, and
4601.5 to, the Public Resources Code, relating to forest resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 621, Sher.  Forest resources:  timber harvesting plans.
   (1) Existing law, the Z'berg-Nejedly Forest Practice Act of 1973,
specifies that rules and regulations adopted or revised pursuant to
the act shall become effective on the next January 1 that is not less
than 30 days from the date of approval of those rules or regulations
by the Office of Administrative Law, except as provided.
   This bill would, until January 1, 2001, instead provide that those
rules and regulations shall become effective on either the next
January 1 or July 1 that is not less than 30 days from the date of
approval of those rules or regulations by the office.
   (2) The act prohibits a person from conducting timber operations
on timberland unless a timber harvesting plan has been prepared by a
registered professional forester and has been submitted to the
Department of Forestry and Fire Protection and approved by the
director or by the state board.
   This bill would impose additional civil penalties for violations
of the act, as prescribed, and would require the consideration of all
relevant circumstances pertaining to a violation when determining
the amount of that penalty, and corrective action, if any, required
to be taken by the violator.
   The bill would authorize any party who is aggrieved by a final
order issued by the board pertaining to a violation to obtain a
review of the order in the superior court in the county in which the
violation occurred by filing a petition for a writ of mandate in the
court within a specified time period.  By imposing new duties on
local governments with respect to the review of the imposition of a
civil penalty by the superior court, the bill would impose a
state-mandated local program.
   (3) The bill would provide that the violation of any rule or
regulation adopted by the board pursuant to the act prescribing any
procedural requirement that does not result in, or cause, any
environmental damage, and is not a violation of specified provisions
regulating forest practices, is an infraction punishable by the
imposition of specified fines, as provided.  The bill would require
the board to designate those rules and regulations that prescribe
procedural requirements of which a violation does not result in, or
cause, environmental damage.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4554.5 of the Public Resources Code is amended
to read:
   4554.5.  (a) Notwithstanding Section 11343.4 of the Government
Code, except as specified in subdivision (b), rules and regulations
adopted or revised pursuant to this chapter shall become effective on
either the next January 1 or July 1 that is not less than 30 days
from the date of approval of those rules or regulations by the Office
of Administrative Law.  Notwithstanding Section 4583, regulations
that become effective on July 1 pursuant to this subdivision shall
apply only to timber operations conducted pursuant to timber
harvesting plans that are approved after the operative date of those
regulations.
   (b) Notwithstanding subdivision (a), if the board adopts emergency
regulations pursuant to Section 4555, and subsequently adopts those
emergency regulations as nonemergency rules or regulations pursuant
to this chapter, the rules or regulations shall become effective 30
days from the date of approval of the rules or regulations by the
Office of Administrative Law.
   (c) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
  SEC. 1.5.  Section 4554.5 is added to the Public Resources Code, to
read:
   4554.5.  (a) Notwithstanding Section 11343.4 of the Government
Code, except as specified in subdivision (b), rules and regulations
adopted or revised pursuant to this chapter shall become effective on
the next January 1 that is not less than 30 days from the date of
approval of those rules or regulations by the Office of
Administrative Law.
   (b) Notwithstanding subdivision (a), if the board adopts emergency
regulations pursuant to Section 4555, and subsequently adopts those
emergency regulations as nonemergency rules or regulations pursuant
to this chapter, the rules or regulations shall become effective 30
days from the date of approval of the rules or regulations by the
Office of Administrative Law.
   (c) This section shall become operative on January 1, 2001.
  SEC. 2.  Section 4601.1 is added to the Public Resources Code, to
read:
   4601.1.  (a) (1) In addition to any other penalty, any person who
intentionally, knowingly, or negligently violates this chapter or a
rule or regulation adopted by the board pursuant to this chapter is
subject to a civil penalty imposed by a court in an amount not to
exceed ten thousand dollars ($10,000) for each violation.  For
purposes of this section, damage that occurs over multiple days that
results from a single action shall not be considered a continuing
violation.  For purposes of this section, each specific act that
results in a violation of this chapter or a rule or regulation
adopted pursuant to this chapter, including an act that is repeated
on separate days, shall be considered a separate violation.
   (2) The Attorney General or District Attorney, upon request of the
director, shall, as part of a misdemeanor action brought pursuant to
Section 4601, petition the superior court to impose, assess, and
recover a civil penalty pursuant to this subdivision.  In determining
the appropriate amount, the court shall consider all relevant
circumstances, including,  but not limited to, persistence,
circumstances, extent and gravity of the violation, the length of the
time over which the violation occurred, whether any substantial
damage caused by the violation is susceptible to corrective action,
whether the violation was willful or caused by negligence, and, with
respect to the violator, the ability of the violator to pay any fines
or penalties, the effect on the ability to continue in business, the
corrective action, if any, taken by the violator, whether the
violator has any prior history of violations, the degree of
culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.
   (b) A civil penalty may also be administratively imposed by the
department in accordance with Section 4601.2 on any person who
intentionally, knowingly, or negligently violates this chapter or a
rule or regulation adopted by the board pursuant to this chapter in
an amount not to exceed ten thousand dollars ($10,000) for each
violation of a separate provision.  For purposes of this section,
damage that occurs over multiple days that results from a single
action shall not be considered a continuing violation.  For purposes
of this section, each specific act that results in a violation of
this chapter or a rule or regulation adopted pursuant to this
chapter, including an act that is repeated on separate days, shall be
considered a separate violation.
   (c) No person is subject to both a civil penalty imposed by the
superior court under subdivision (a) and a civil penalty
administratively imposed under subdivision (b) for the same act or
failure to act.
   (d) Any money recovered by the department pursuant to this section
shall be deposited in the General Fund.
  SEC. 3.  Section 4601.2 is added to the Public Resources Code, to
read:
   4601.2.  (a) The director may issue a complaint and proposed order
to any person on whom an administrative penalty may be imposed
pursuant to subdivision (b) of Section 4601.1.  The complaint and
order shall allege the act or failure to act that constitutes a
violation, include a citation to the provisions authorizing the civil
penalty to be imposed, and include the proposed civil penalty.
   (b) In determining the amount of any administrative civil penalty,
the department shall consider all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
nature, persistence, circumstances, extent and gravity of the
violation, the length of time over which the violation occurred,
whether any substantial damage caused by the violation is susceptible
to corrective action, whether the violation was willful or caused by
negligence, and, with respect to the violator, the ability of the
violator to pay any fines or penalties, the effect on ability to
continue in business, the corrective action, if any, taken by the
violator, whether the violator has any prior history of violations,
the degree of culpability, economic savings, if any, resulting from
the violation, and such other matters as justice may require.
   (c) The complaint shall be served by personal notice or certified
mail, and shall inform the party so served that, upon the request of
the party made within 10 days of such service, a hearing shall be
conducted before the board or an administrative law judge within 180
days from the date that the party is served.  The chairperson of the
board may delegate the conduct of the hearing to a committee of the
board, which shall be composed of at least three members of the
board, or elect to utilize an administrative law judge assigned in
accordance with Section 11370.3 of the Government Code.  If the
chairperson delegates the matter to a committee of the board, a
majority of the committee members shall not have a financial interest
in the forest products or range industry.  The committee may
exercise any power the board may exercise.
   (d) The party charged with a violation may waive a right to a
hearing, in which case the board shall not conduct a hearing, and the
order of the director shall become final.
   (e) After a hearing, the board or an administrative law judge may
adopt, with or without revision, the proposed order of the director.

   (f) An order setting an administrative civil penalty shall become
effective and final upon its adoption pursuant to subdivision (e),
and any payment shall be made within the time period provided by
subdivision (b) of Section 4601.3.  Copies of the order shall be
served by personal service or by registered mail upon the party
served with the complaint and upon other persons who appeared at the
hearing and requested a copy.
  SEC. 4.  Section 4601.3 is added to the Public Resources Code, to
read:
   4601.3.  (a) Any party who is aggrieved by a final order issued by
the board or an administrative law judge under Section 4601.2 may
obtain review of the order in the superior court in the county in
which the violation occurred by filing a petition for a writ of
mandate with the court within 30 days from the date of service of the
order on the party.  If the aggrieved party does not petition for a
writ of mandate within that 30-day period, the order of the board or
an administrative law judge is not thereafter subject to review by
any court.
   (b) After the time for judicial review has expired, or where the
party has not requested a review of the order, the administrative
penalty shall be due and payable to the department within 20 days.
The department may apply to the clerk of the appropriate court in the
county in which the civil penalty was imposed for a judgment to
collect the penalty.  The application, which shall include a
certified copy of the action by the board or the administrative law
judge, constitutes a sufficient showing to warrant issuance of the
judgment to collect the penalty.  The court clerk shall enter the
judgment in conformity with the application.  Any judgment so entered
by the court clerk shall have the same force and effect as, and is
subject to the laws relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered.
  SEC. 5.  Section 4601.4 is added to the Public Resources Code, to
read:
   4601.4.  (a) The violation of any rule or regulation adopted by
the board pursuant to this chapter prescribing any procedural
requirement that does not result in, or cause, any environmental
damage, and is not a violation of Section 4571 or 4581, is an
infraction punishable pursuant to Section 4601.5.
   (b) The board shall designate those rules and regulations by
section number that prescribe procedural requirements, the violation
of which does not result in, or cause, environmental damage.
  SEC. 6.  Section 4601.5 is added to the Public Resources Code, to
read:
   4601.5.  (a) Any person who violates a rule or regulation of the
board, the violation of which is an infraction as described in
Section 4601.4, shall, upon conviction of the infraction, pay a fine
in accordance with the following schedule:
   (1) A fine of one hundred dollars ($100) shall be imposed for the
first conviction of an infraction.
   (2) A fine of two hundred fifty dollars ($250) shall be imposed
for a second or subsequent conviction for the same violation within a
three-year period.
   (b) The board may provide, by regulation, that certain violations
of a rule or regulation that would constitute an infraction, if
prosecuted, are correctable and not subject to prosecution, if the
violation is corrected within 10 working days from the date of the
violation.
  SEC. 7.  Section 4612 of the Public Resources Code is amended to
read:
   4612.  Notwithstanding Section 7550.5 of the Government Code, the
director shall report to the board and the Legislature by January 1
of each year on the enforcement of, and the amount of penalties and
fines imposed and collected pursuant to, this article, including, but
not limited to, those penalties and fines imposed and collected
pursuant to Sections 4601, 4601.1, and 4601.5. The report shall
specifically identify the location and ownership of all properties
where persons were cited for violations requiring corrective action
by the department pursuant to Section 4607, the nature and cost of
the corrective actions, and whether all related expenses incurred by
the state have been reimbursed by the responsible party.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
